Your marriage hasn’t been easy, so why should your divorce be any different, right? If your spouse refuses to negotiate fairly and wants a battle, you’re ready to give it to them. You’re tired of giving in to your spouse’s demands just to make the process easier.

Before you head to court, however, take a moment to ask yourself the following questions so that you can better decide if a litigated divorce is really in your best interest:

  1. How fast do you want out of this marriage? Moving to litigation will slow your divorce down considerably. It can take a year or longer just to get to the trial. If you’re ready to move on, that’s an important consideration.
  2. How important is the issue over which you are fighting? If you’re fighting about custody of the children or ownership of some valuable property, you’ve got good reason to fight for it. If you’re fighting over something of little value – like the wedding silver – you can probably replace the items for a lot less trouble, expense, and stress.
  3. How much can you afford to spend? A litigated divorce can be expensive. Court costs, travel, time off work, and other expenses all add up quickly. You can expect to pay a lot less if you’re able to settle with your spouse outside of court instead.
  4. Can you tolerate the drain? A litigated divorce means hearings, depositions, paperwork, and more. You can’t emotionally move on from the marriage when you’re in the middle of a divorce – and that can put a lot of stress on your daily life.
  5. Are you willing to risk losing? There’s no guarantee that the judge will see things your way. You could end up with a judgment that’s far less favorable than you might have gotten through negotiations.

Fortunately, you don’t have to sort through the issue entirely on your own. Share your questions and your concerns with your attorney and find out more about all your divorce options.